IN THE CASE OF:
BOARD DATE: 6 August 2009
DOCKET NUMBER: AR20090004633
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Combat Infantryman Badge (CIB) and all other medals to which he is entitled.
2. The applicant states he was assigned to an infantry unit in Vietnam and participated in numerous engagements. He states that he is entitled to the CIB.
3. The applicant provides a newspaper article, a letter from his former commanding officer, and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on 24 February 1969. At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11B (light weapons infantryman). The highest grade he attained was specialist four, E-4.
3. The applicant was assigned to Vietnam on 20 July 1969 with Company B, 2nd Battalion, 5th Infantry, in duty MOS 11B.
4. The applicant's DA Form 20 (Enlisted Qualification Record) does not list the CIB in item 41 (Awards and Decorations). There are no orders in the applicant's personnel records which show he was awarded the CIB.
5. He departed Vietnam on 7 November 1969 and received credit for participation in the Vietnam Summer-Fall 1969 Campaign and the Vietnam Winter-Spring 1970 Campaign.
6. The applicant was released from active duty on 16 February 1971. His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Good Conduct Medal.
7. Headquarters, Department of the Army General Orders Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Additionally Appendix V of USARV 672-1 provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
9. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was assigned to an infantry unit in Vietnam and participated in numerous engagements.
2. The evidence of record shows the applicant was awarded MOS 11B and served in an infantry MOS with an infantry unit during his tour in Vietnam.
3. The Military Awards regulation governing award of the CIB requires the applicant to have served in an infantry duty position, in an infantry unit while the unit engaged in active ground combat with the enemy. However, there is insufficient evidence to show the applicant actively participated in ground combat while serving with his unit. Therefore, he has not met all the requirements for award of the CIB.
4. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 8, dated 1974. Therefore, this foreign unit award should be added to his DD Form 214.
5. The applicants DD Form 214 currently reflects the Vietnam Service Medal. However, he received credit for participation in two campaigns during the Vietnam War. Therefore, it would be appropriate to amend his DD Form 214 to show two bronze service stars to be worn on the Vietnam Service Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X____ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to add the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, and two bronze service stars to be worn on his
already-awarded Vietnam Service Medal.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains to award of the CIB.
_______ _ _X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090004633
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ABCMR Record of Proceedings (cont) AR20090004633
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